2 Ala. 340 | Ala. | 1841
In the latter, not only the feelings, but also most frequently, the action of those who bet are strongly influenced by the wager. In our opinion, the statute applies only to those who bet on the result of an election, which is not consummated.
Whatever may have been the proof at the trial, the question now presented, relates solely to the sufficiency of the indictment; the defendants submit, that they are not amenable to punishment, if all the allegations of the charge are admitted to be true. In general, it is sufficient for the indictment to charge the offence in the terms of the statute, but if superfluous allegations are added, and these show a case not within the statute, the several allegations then become repugnant to each other, and the indictment is bad'on demurrer. [King v. Stephens et al., 5 East 244.]
This indictment is not, however, repugnant in the ordinary sense of that term; for all the allegations are consistent with each other, though repugnant to the idea, that the defendants are guilty under the statute. The charge is, that they, on the 10th of October, 1839, made a wager upon the result of an election, which was consummate on the 1st Monday of August before.
This, as we have already shown, is not within the statute, the demurrer should therefore, have been sustained.
Let the judgment be reversed and here rendered for the defendants.